American Prospects

Although many liberals have expressed initial relief that the Supreme Court decision in Fisher v. University of Texas did not kill affirmative action outright, when the dust settles it will become clear that the ruling made it substantially harder to justify race-based affirmative-action programs. The Court adopted a new, higher standard, requiring that judges "must ultimately be satisfied that no workable race-neutral alternatives would produce the educational benefits of diversity." Unlike the earlier ruling in Grutter v. Bollinger, the Court won't simply take the word of universities that race is a necessary consideration; uni

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